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child support formula

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martin5475

Junior Member
What is the name of your state?Ohio....My husband is self employed and also has a part time job. My case worker told me that they can only attach his wages at his part time job UP TO 60 percent of his check.Why can't they take all the child support out of his second paycheck???? :confused:
 


Phnx02

Member
martin5475 said:
What is the name of your state?Ohio....My husband is self employed and also has a part time job. My case worker told me that they can only attach his wages at his part time job UP TO 60 percent of his check.Why can't they take all the child support out of his second paycheck???? :confused:
Possibly the reason they are telling you this is because state child enforcement agencies only have ready access to SS and wage reporting databases. They are taking the easy way out. They can get his tax information that would reveal what he earns thru self-employment, but this takes time and effort. Unfortunately, neither of which most of these agencies are willing to give. You will need to "fight" for this.
 

Gracie3787

Senior Member
martin5475 said:
What is the name of your state?Ohio....My husband is self employed and also has a part time job. My case worker told me that they can only attach his wages at his part time job UP TO 60 percent of his check.Why can't they take all the child support out of his second paycheck???? :confused:

The reason that they can take only 60 % is because that is the maximum allowed by the Consumer Credit Protection Act (a federal law). If a CS payor has a second family to support, the max is 50 %.
 

martin5475

Junior Member
RE: wage attachment

Phnx02 said:
Possibly the reason they are telling you this is because state child enforcement agencies only have ready access to SS and wage reporting databases. They are taking the easy way out. They can get his tax information that would reveal what he earns thru self-employment, but this takes time and effort. Unfortunately, neither of which most of these agencies are willing to give. You will need to "fight" for this.

SO- If I can take my previous tax returns(like the past three years) to the agency, and can prove that his second job brings in only 1/3 of his income, I can demand that they take all the child support out of this check? I have no problem bugging my caseworker and providing the information they need to take all 100 percent of my child support out of his check. I thought maybe cuz he was self-employed they were unable to do this? She told me that it was "the law" in Ohio that only 60 percent of his wages can be garnished..He has no other family obligations, and we are also filing bankruptcy, so he will be able to pay easily. (he is living with his parents and so living expenses are very minimal). The only way I will get all the support owed for sure is if he is FORCED to have it taken out of his paycheck. Thanks for you input. Sherry
 

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